What Version

Opening Options

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1. These Regulations may be cited as the Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 14th February 2017.

Application and transitional provision

2.—(1) These Regulations apply to proceedings commenced on or after 14th February 2017.

(2) The Costs Protection (Aarhus Convention) Regulations (Northern Ireland) 2013(1) as they applied immediately before these Regulations came into operation continue to apply to proceedings commenced prior to 14th February 2017.

“(2)Subject to paragraphs (3) and (7), in an Aarhus Convention case, the court shall order that any costs recoverable from an applicant shall not exceed £5,000 where the applicant is an individual and £10,000 where the applicant is a legal person or an individual applying in the name of a legal entity or unincorporated association.

(3)The court may decrease the amount specified in paragraph (2) if it is satisfied that not doing so would make the costs of the proceedings prohibitively expensive for the applicant.

(4)Subject to paragraph (5) and regulation 4(3), in an Aarhus Convention case, the court shall order that the costs recoverable from a respondent shall not exceed £35,000.

(5)The court may increase the amount specified in paragraph (4) if it is satisfied that not doing so would make the costs of the proceedings prohibitively expensive for the applicant.

(6)The court may exercise its powers under paragraphs (3) and (5) on an application brought by an applicant.

(7)Where the applicant is or was represented by a legal representative and this representation is or was provided free of charge, in whole or in part, even if the applicant is or was also represented by a legal representative not acting free of charge, the court shall order the respondent to make a payment in respect of such part of the recoverable costs as it considers just to the Law Society of Northern Ireland, the Bar of Northern Ireland or both, as the court considers appropriate, to support the provision of free legal services.

(8)The amount payable under paragraph (7) shall not exceed the amount which an applicant would have recovered under paragraph (4) or an order made under paragraph (5) had the representation of the applicant not been provided free of charge.

(9)Where the court makes an order under paragraph (7) the applicant shall send a copy of the order to the Law Society of Northern Ireland and, or the Bar of Northern Ireland as is appropriate within 7 days of receipt of the order.

(10)The amounts specified in paragraphs (2) and (4) do not include value added tax.”.

(4) After regulation 3, insert the following new regulation—

“Costs in appeals

3A.—(1)Upon any appeal of a decision in an Aarhus Convention case, the court shall, subject to paragraph (2), order that the costs in respect of the appeal recoverable from an applicant or a respondent shall not exceed the amounts specified in regulation 3(2) and (4).

(2)The court shall have the same powers as those of the original court under regulation 3(3), (5) and (7).

(3)Nothing in this regulation shall affect the power of the court to make an order as to the costs of the proceedings in the original court but those costs shall not exceed the amounts specified in regulation 3(2), (4) or in any order of that court made under regulation 3(3) or (5).

(4)In this regulation—

(a)“applicant” means the applicant in the original court;

(b)“respondent” means the respondent in the original court; and

(c)“the court” means the Court of Appeal.”.

(5) In regulation 4(3)(b), for “regulation 3” substitute “regulation 3(4) or in any order made under regulation 3(5)”.

(6) After regulation 5, insert the following new regulation—

“Determination of prohibitive expense

6.Proceedings are to be considered prohibitively expensive for the purpose of these Regulations if, having regard to any court fee an applicant is liable to pay, their likely costs either—

(a)exceed the financial means of the applicant; or

(b)are objectively unreasonable having regard to—

(i)the situation of the parties;

(ii)whether the applicant has a reasonable prospect of success;

(iii)the importance of what is at stake for the applicant;

(iv)the importance of what is at stake for the environment;

(v)the complexity of the relevant law and procedure; and

(vi)whether the case is frivolous.”.

Sealed with the Official Seal of the Department of Justice on 23rd January 2017

Options/Help

Print Options

Print The Whole Rule

Print The Rule without Schedules

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

Why the government is proposing to intervene;

The main options the government is considering, and which one is preferred;

How and to what extent new policies may impact on them; and,

The estimated costs and benefits of proposed measures.

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as made version that was used for the print copy